In the News

McIntosh Pot-trial Witness was on Heroin

“The witness, 28-year-old Andrew Lloyd, kept nodding off while on the witness stand, so badly that his head actually hit the microphone in front of him. Lloyd’s demeanor—which McIntosh’s attorney, Carmen Hernandez, described in court documents as “the classic nodding of a heroin junkie”—prompted Hernandez to subpoena the results of a drug test administered just after his final day on the witness stand, as Lloyd began a sentence for an Anne Arundel County drug conviction.”

– Baltimore City Paper: October 24, 2012

McIntosh trial includes flimsy evidence

“Putting on such a case has been further complicated by the efforts of McIntosh’s court-appointed attorney, Carmen Hernandez, to undermine the testimony of an important government witness: Timothy Green, an Internal Revenue Service criminal investigator.

Green probed the bank accounts of McIntosh and Sonar, ostensibly proving to the jury that, as he put it on the witness stand, McIntosh made “cash deposits commingled with proceeds derived from the sale of drugs.” To do so, Green prepared a summary chart of his findings, showing cash deposits made in six bank accounts, four of them in Sonar’s name, in 2007, 2008, and 2009. Even though Sonar was a cash-heavy business, based on its large crowd of alcohol-purchasing patrons, Green testified that such large cash deposits are evidence of drug-money laundering.

The problem, though, as Hernandez showed the jury, is that Green’s chart failed to include about $82,643 in cash deposits made in 2007 just prior to McIntosh’s control of the accounts—thus making it appear that large cash deposits only started after McIntosh took the reins. What’s more, the chart did not include cash deposits made to Sonar’s accounts during 2006, when Sonar’s bank accounts were controlled by its prior owner, Lonnie Fisher. During that year, Hernandez showed, Sonar’s accounts had $616,378.25 in cash deposits—more than the approximately $500,000 in cash deposits that were made during the entire three years that Green investigated when McIntosh controlled the accounts.”

– Baltimore City Paper: October 17, 2012

Judge on trial after refusing to accept death row appeal

“To the best of my knowledge, this is the first time that NACDL has ever filed a judicial conduct complaint against a sitting judge,” then-president Carmen Hernandez wrote. “Only a full and complete investigation of this incident will suffice. … Whatever the findings of the judicial conduct commission, the handling of Mr. Richard’s case — and his death — will remain unacceptable.”

-CNN: August 18, 2009


Prison Terms In Cocaine Cases Reduced For Some Because Of Disparities

“In many states, we don’t sentence child abuse that harshly or even murder,” said Carmen Hernandez, president of the National Association of Criminal efenseLawyers.”

– Sun-Sentinel (FL):  Sept 21, 2008

Statement On Guantanamo Arraignments

“It is regrettable that the accused are attempting to use these makeshift courts to become martyrs. It should not come as a surprise that these men, who have been held for years and subjected to physical and mental abuse, without formal charges and without access to counsel are refusing to participate in the process. This is not American justice,” said Carmen D. Hernandez.
-Posted:  June 5, 2008

LETTERS; White-Collar Crime

“Indeed, I suspect that an accurate assessment of deferred prosecution agreements would indicate that they are representative of more, rather than less, government oversight of companies and a conclusion that prosecution is not warranted because of a lack of criminal intent by those left in charge at the corporation; or at most a shifting focus at the Justice Department from prosecution to reform. That would be far better for the economy than putting people out of work.”

-The New York Times Published:  April 16, 2008

Texas Judge Draws Outcry for Allowing an Execution

“Whatever else happens in the United States of America, the courts are to remain open to litigants,” Ms. Hernandez said.

-The New York Times Published:  October 25, 2007

Official Quits in Georgia Public Defender Budget Dispute

“We are incredibly concerned that a state which was on such a positive track has so quickly defaulted on its promise to create a working criminal justice system,” said Carmen D. Hernandez

-The New York Times Published:  September 7, 2007

Sentence to alias Sonia to 16 years of prison means a reverse for the American and Colombian governments

-Colombian Air Force Published:  July 03, 2007

US District Court, Washington, DC

Statement before the Subcommittee on Criminal Justice Oversight  Senate Committee on the Judiciary, October 13, 2000

“Congress cannot hold hearings in every one of the 55,408 federal convictions obtained last year. Yet by transferring so much sentencing power to federal prosecutors, the Sentencing Guidelines prevent federal judges from asserting any check on the almost unfettered discretion that prosecutors hold over the life and liberty of persons accused of crimes in this country.  In so doing, the Sentencing Guidelines have also limited our ability as citizens to defend ourselves from unwarranted charges that result from unscrupulous, or vindictive or ill-founded prosecutions.”
-Posted:  October 13, 2000